FISHER v. PRESTON


251 A.D.2d 843 (1998)

674 N.Y.S.2d 516

Nancy Fisher, Respondent, v. Tina Preston et al., Respondents, and Valley Equipment, Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 18, 1998


Peters, J.

Concerned that a collision by defendant Tina Preston with a gasoline dispenser on plaintiff's property damaged above- and below-ground storage tanks and a piping system, defendants Travelers Company and Valley Equipment, Inc. were hired to perform a precision test of the tank and piping system. Subsequently, it was discovered that gasoline was released and discharged into the soil and groundwater.

Upon a determination by the Department...

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